Filing # 195498193 E-Filed 04/04/2024 02:15:53 PM
`Filing # 195498193 E-Filed 04/04/2024 02:15:53 PM
`
`CITY NATIONAL BANKOF FLORIDA,
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`Case No. 2022-021015-CA-23
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`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`
`
`Plaintiff,
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`ca ¥.
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`ARMANDO MENDEZ A/K/A ARMANDOF.
`MENDEZ, AMARILYS MENDEZ, RIVIERA
`ISLE INVESTMENT CORP.,
`a_
`Florida
`Corporation,
`UNITED
`STATES
`OF
`AMERICA,
`INTERNAL
`REVENUE
`SERVICE,
`AND
`UNKNOWN
`TENANTS/OWNERS.
`
`Defendants.
`
`/
`
`SECOND AMENDED VERIFIED MORTGAGE FORECLOSURE COMPLAINT
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`Plaintiff,CITYNATIONALBANKOFFLORIDA,byandthroughitsundersigned=...
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`
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`Asof the date of the execution of this complaint, CITY NATIONAL BANK OF
`1.
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`FLORIDA,is the holderofthe original note secured by the mortgage pursuantto673.3011Florida
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`
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`
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`attorneys,
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`sues Defendants, ARMANDO MENDEZ A/K/A ARMANDO F. MENDEZ,
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`AMARILYS MENDEZ, RIVIERA ISLE
`
`INVESTMENT CORP., A FLORIDA
`
`CORPORATION, UNITED STATES OF AMERICA,
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`INTERNAL REVENUE SERVICE,
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`UNKNOWN TENANTS/OWNERS1, UNKNOWN TENANTS/OWNERS2, and UNKNOWN
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`TENANTS/OWNERS3, andstates:
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`GENERAL ALLEGATIONS
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`Statutes. The Certification of Original Promissory Noteis attached hereto.
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`2.
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`Defendant(s), ARMANDO MENDEZ A/K/A ARMANDO F. MENDEZ,
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`AMARILYS MENDEZ,is/are the record owner(s) of the property soughtto be foreclosed by the
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`Plaintiff, and holdtitle to the property subject to the Mortgage described herein.
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`APR G 1 2024
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`

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`
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`__________________inferest,orlienin,to,oruponthePropertydescribed below,
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`Case No. 2022-021015-CA-23
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`3.
`
`Defendants,
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`RIVIERA ISLE
`
`INVESTMENT CORP., A FLORIDA
`
`CORPORATION, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE,
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`UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS2, and UNKNOWN
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`TENANTS/OWNERS3, are persons and/or entities who have or may claim someright,title,
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`4.
`
`On or about June 24, 2011, ARMANDO MENDEZexecuted and delivered a Note
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`in favor of CITY NATIONAL BANKOF FLORIDA.A Mortgage securing the Note was executed
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`by ARMANDO MENDEZ AND AMARILYS MENDEZ, HUSBAND AND WIFEandrecorded
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`on July 8, 2011 in Official Records Book 27749, Page 2464, of the Public Records of Miami-Dade
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`County, Florida, and re-recorded on April 17, 2012, in Official Records Book 28075, Page 4140,
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`of the Public Records of Miami-Dade County, Florida and mortgaged the property described in
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`the Mortgage then ownedbyandin possession of the mortgagors.
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`5.
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`On or about September 19, 2017 the Plaintiff and Defendants ARMANDO
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`MENDEZ AND AMARILYS MENDEZenteredinto a deferral agreement. On or around April
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`24, 2020, Plaintiffapproved Defendants for a forbearance wherein certain monthly payments were
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`suspended for the initial period from 5/1/20 through 7/31/2020. The forbearance agreement was
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`extended for additional periods through 4/1/21. The agreements have since expired and/or
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`terminated. A copy of the deferral agreement and CITY NATIONAL BANK OF FLORIDA's
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`business records confirming the forbearance agreementand related extensions are attached hereto.
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`6.
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`A default exists under the Note and Mortgage as a result of the amounts due under
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`the Note and Mortgagein that the payment due for October 1, 2020, and all subsequent payments
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`have not been made.
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`7.
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`All conditions precedent to filing of this action have been performed or have
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`occurred.
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`

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`8.
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`Plaintiff hereby accelerates all principal and interest under the Note or Mortgage to
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`Case No. 2022-021015-CA-23
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`be immediately due and payable.
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`9,
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`Plaintiff is due the sum of NINE HUNDRED NINETY-SIX THOUSAND FOUR
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`HUNDRED NINETY-NINE DOLLARS AND TWOCENTS($996,499.02) in principal under
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`
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`ascertaining===
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`
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`the Note and Mortgage,plus interestfromSeptember1,2020,titlesearchexpensesfor
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`necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and
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`inspection fees. The principal balance due on the Note and Mortgage consists of $966,139.89 as
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`to the Interest-Bearing Principal Balance, and $30,359.13 as to the Deferred Principal Balance.
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`10.
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`As aresult of the default under the Note or Mortgage, it has become necessary for
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`the Plaintiff to employ the undersigned attorneys to prosecute this action, and Plaintiff has agreed
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`to pay such attorneys a reasonable fee for their services. Under the terms and provisions of the
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`Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing this
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`action.
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`11,
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`Defendant(s), ARMANDO MENDEZ A/K/A ARMANDO F. MENDEZ,
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`AMARILYS MENDEZ, mayclaim an interest in the subject property by virtue of a claim of
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`ownership, possession and/or occupancyof the Property. Said interest, however, is either invalid
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`or is subordinate to the lien of Plaintiff's Mortgage.
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`12.
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`Defendant(s), RIVIERA ISLE INVESTMENT CORP., A FLORIDA
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`CORPORATION,mayclaim someinterest in the subject property by virtue of Mortgage recorded
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`on June 11, 2018 in Official Records Book 31008, Page 2019, of the Public Records of Miami-
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`Dade County, Florida, and Assignment recorded on October 17, 2018 in Official Records Book
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`31183, Page 3939, of the Public Records of Miami-Dade County,Florida. Said interest, however,
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`is either invalid or is subordinate and inferiorto the lien of Plaintiffs Mortgage.
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`Case No. 2022-021015-CA-23
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`13.
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`Defendant(s), UNITED STATES OF AMERICA,
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`INTERNAL REVENUE
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`SERVICE,may claim someinterest in the subject property by virtue ofNotice of Federal Tax Lien
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`against ARMANDO F MENDEZ, whose residence was 15890 W PRESTWICK PL, MIAMI
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`LAKES,FL 33014. Said lien was recorded in the public records of Miami-Dade County, Florida
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`
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`on April 27, 202
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`BALTIMORE office of the Internal Revenue Service. A copy ofthe lien is attached hereto.
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`COUNT I
`MORTGAGE FORECLOSURE
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`14._—Plaintiff re-alleges and incorporates Paragraphs 1 through 13 of this Complaint.
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`WHEREFORE,Plaintiff requests that this honorable Court:
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`15,
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`This is an action to foreclosethe first Mortgage on real property (the "Property") in
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`Miami-Dade County, Florida, having a legal description as follows:
`
`LOT 41, BLOCK 1, OF MIAMI LAKES LOCH LOMOND
`SECTION, ACCORDING TO THE PLAT THEREOF, AS
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`RECORDEDIN PLAT BOOK 76, PAGE 91, OF THE PUBLIC
`RECORDSOF MIAMI-DADE COUNTY, FLORIDA
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`with a street address of 15890 W. PRESTWICK PLACE, MIAMI LAKES,FL 33014, herein
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`referred to as "the Property."
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`16.
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`Under the terms of the Mortgage, and in accordance with Florida law, Plaintiff is
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`entitled to foreclosure of its Mortgage upon default in payment.
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`17.
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`All conditions precedentto the enforcementofPlaintiff's right to foreclosure herein
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`and the maintenance ofthis action have been performed, have occurred, or have been waived.
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`(a)
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`Takejurisdiction of the parties hereto and of the subject matter hereof;
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`(b)
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`Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property
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`described andis superior to anylien of record;
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`

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`association assessments and other charges in accordance with any applicable Declaration or
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`§§718.116 and 720.3085, Florida Statutes, respectively, should Plaintiff, its successors and
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`(c)
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`Order foreclosure of the Mortgage, and that all Defendants named herein,their
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`estates, and all persons claiming underor against them sincethefiling ofthe Notice ofLis Pendens,
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`Case No. 2022-021015-CA-23
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`be foreclosed;
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`(d)
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`Determine the amount due Plaintiffunder the Note and Mortgage sued uponherein,
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`(e)
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`Order that if said sum due Plaintiff is not paid in full within the time set by this
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`Court, the Property be sold by Orderof this Court to satisfy Plaintiff's claims;
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`(f)
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`Order that if the proceeds from such court ordered sale are insufficient to pay
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`Plaintiff's claim,
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`then a deficiency judgment be entered for the remaining sum against all
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`Defendants who have assumedpersonalliability for same and who havenot received a discharge
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`in bankruptcy;
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`Order delivery and possession of the real property to the Purchaser, who shall be
`(g)
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`responsible for condominium or homeowner association assessments and other charges in
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`accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes,
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`respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender
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`such possession, and the clerk bedirected to issue a writ ofpossession without further orderofthis
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`Court;
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`(h)
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`Retain jurisdiction to determine the amounts due for condominium or homeowner
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`assigns, be the Purchaser.
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`||
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`(i)
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`Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's
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`entitlement to a deficiency judgment and the amountthereof; and
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`

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`(j)
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`Grant such other and further relief as appears just and equitable under the
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`Case No. 2022-021015-CA-23
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`circumstances.
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`18.
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`19,
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`COUNTII
`REFORMATION OF MORTGAGE
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`This is an action to reform the Mortgage held by Plaintiff.
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`Paragraphs 1 through 13 are hereby incorporated and madea part ofthis Count,
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`
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`The Mortgage recorded on July 8, 2011 in Official Records Book 27749, Page
`20.
`2464, of the Public Records of Miami-Dade County, Florida, prepared by Plaintiff or Plaintiff's
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`predecessor, contained a scrivener's error as the legal description was not attached.
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`|
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`21.
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`The Mortgage was re-recorded on April 17, 2012, in Official Records Book 28075,
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`Page 4140,of the Public Records of Miami-Dade County, Florida to correct the sctivener's error
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`and attach the legal description; however, the Mortgage was not re-executed, or re-acknowledged.
`__22.
`The parties intended that Plaintiff or Plaintiff's predecessor have a vhlid mortgage
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`on the subject property.
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`23.
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`Plaintiffand Defendantare the only parties having an interest in the ebforniation of
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`the Mortgage.
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`IMPOSITION
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`COUNT Ill
`F EQUITA
`AND FORECLOS
`(ALTERNATIVE REMEDY)
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`|
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`B
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`ATION LIEN
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`24.
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`Plaintiff realleges and reincorporates by reference the allegations | contained in
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`Paragraphs | through 13 above.
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`~~
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`25.
`This is an action against all Defendants to impose and foreclose an
`é¢quitable lien
`|
`on the real Property located in Miami-Dade County, Florida.
`26.
`Plaintiff is entitled to impose and foreclose an equitable lien to the extent that the
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`subject mortgage loan proceeds were used to pay and satisfy existing encumbrances on the
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`

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`Property and has subsequently advanced monies for the benefit and protection of the Property
`since the date of the subject Note and Mortgage.
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`Case No. 2022-021015-CA-23
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`$890,241.02 ofthe proceeds ofthe subject Note and Mortgage were used to pay a
`27.
`prior mortgage (“the Prior Mortgage”) that encumbered the Property.
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`
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`January 24, 2008, and was recorded in Miami-Dade County Official Records Book 26183, Page
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`1230, on January 28, 2008.
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`29.
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`A Satisfaction of Mortgage corresponding to the Prior Mortgage was recorded in
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`Miami-Dade County Official Records Book 27894, Page 3995, on November 15, 2011.
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`30.
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`The proceeds of the subject Note and Mortgage were used to pay and satisfy other
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`encumbrances on the Property.
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`Plaintiff may have otherwise advanced moniesfor the benefit and pratection of the
`31.
`
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`Property since the date of the subject Note and Mortgage.
`32,
`Theinterests ofall Defendants are subject, subordinate, and inferior to Plaintiff's
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`equitable lien interest.
`34.
`Defendants would be unjustly enriched ifthe reliefsought herein wad not granted.
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`35.
`36.
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`Plaintiff does not have an adequate remedy oflaw.
`Plaintiff has retained counsel in this action and is obligated to pay a reasonablefee
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`for their services in bringing this action.
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`The Prior Mortgage provided recovery of attorneys’ fees and, therefore, Plaintiff is
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`37.
`i
`entitled to recovery ofits fees for the prosecution ofthis claim for equitablelien.
`WHEREFOREPlaintiff demands judgment in its favor determining the amount of the
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`equitable lien to include,interest, costs and attorneys’ fees, foreclosing the equitablelien imposed
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`~~
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`on the property,setting a judicial sale of the property and for other such relief the Court deemsjust
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`Case No. 2022-021015-CA-23
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`and proper.
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`[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK-
`THE SIGNATURES OF THE PLAINTIFF AND ITS COUNSEL FOLLOW ON THE
`NEXT PAGE]
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`I certify that a true and correct copy of the foregoing SECOND AMENDED VERIFIED
`MORTGAGE FORECLOSURE COMPLAINThas been furnished to each of the following
`namedparties by United States Mail or Email on
`Served via Email
`HOWARD TOLANDESQ.
`MITRANI RYNOR ADAMSKY & TOLAND
`P.A.
`1200 WESTON RD., PH
`WESTON, FL 33326
`htoland@mitrani.com
`Attorney for Defendant, RIVIERA ISLE
`INVESTMENT CORP., A FLORIDA
`CORPORATION
`
`
`
`CERTIFICATE OF SERVICE
`
`“feY
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`, 2024.
`
`Served via Email
`LEONARD ATKINS, ESQ.
`396 ALHAMBRA CIRCLE, SUITE 210
`CORAL GABLES, FL 33134
`lane@bfallp.com, marisa@bfallp.com,
`Co-counselfor Plaintiff
`
`Served via Email
`MARLON BRYAN
`BRYAN LAW
`101 NE THIRD AVENUE,SUITE 1500
`FORT LAUDERDALE,FL 33301
`eservice@bryanlawpa.com,
`marlon@bryanlawpa.com
`Attorney for Defendant, ARMANDO
`MENDEZ A/K/A ARMANDO F. MENDEZ
`
`Served via Email
`MARLON BRYAN
`BRYAN LAW
`101 NE THIRD AVENUE,SUITE 1500
`FORT LAUDERDALE,FL 33301
`eservice@bryanlawpa.com,
`marlon@bryanlawpa.com
`Attomey for Defendant, AMARILYS
`MENDEZ
`
`Served via Email
`HOWARD TOLANDESQ.
`MITRANI RYNOR ADAMSKY& TOLAND
`P.A.
`1200 WESTON RD., PH
`WESTON,FL 33326
`htoland@mitrani.com
`Attorney for Defendant, RIVIERA ISLE
`INVESTMENTCORP., A FLORIDA
`CORPORATION
`
`Served via U.S. Mail
`UNITED STATES OF AMERICA,
`INTERNAL REVENUESERVICE
`JUAN A. GONZALEZ, UNITED STATES
`ATTORNEY
`99 N_E. 4" STREET, 13™ FLOOR
`MIAMI, FL 33132
`
`
`
`1505 N/Florida Ave.
`Tampa, FL 33602
`(813) 229-0900
`The Primary e-mail addressfor electronic
`service of all pleadings in this case under Rule
`2.516 is as follows:
`ForeclosureService@kasslaw.com
`
`
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`

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`
`
`ton Shee at anaeaemeA ge RR RR ARontScene 2RN en a a op eeeternapeepee
`
`fnaanaanrnn
`
`a
`loan
`
`FIXED/ADJUSTABLE RATE NOTE
`(One-Year Treaeury Index-Rate Caps)
`THIS NOTE PROVIDES FOR A CHANGEIN MY FIXED INTEREST RATE TO AN ADJUSTAGLE INTERGST
`RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLA INTEREST RATE CAN CHANGE AT ANY ONE
`TIME ANO THE MAJOMUM RATE ) MURT PAY,
`
`sume 24, 2012
`
`
`
`FLORIDA
`CORAL GABLES,
`{@tare)
`tesey}
`
`15890 W Preatwich Plage, Misal Lakes, FL 33016
`
`
`i
`1, BORROWER'S PROMISE TO PAY
`(his amountié called
`$1,200,000.00
`la return for a loan that | have received, | promise to pay U.8.
`Principal’), plus Interest, to he order of Lender, Lenders CITY BATIOMAL BANK OF FLORIDA,
`
`/
`Iwill make all payments under this Note in the form of cash, cheek of monoy ofder.
`tunderstand that Lender maytransfer this Note, Lender or anyone wholekes this Note by ransier and whols ¢nti
`lo receive payments under this Note is called the “Note Hokie.”
`
`INTEREST
`Interest wil be charged on unpad principal untd te full arnount of Principal has been paid. | will pay interdat ata
`yearly tate ot=3, 800%. The interest tate | wl pay may change in accordance with Gection 4 of this Note,
`The interest rate required by this Section 2 and Seation 4 of this Note is Khe rate | wil pay both before and afer aay
`Getaull described in Section 7(B] of thle Note.
`
`2.
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`
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`3. PAYMENTS
`(A) Tune and Place of Payments
`
`.
`Svnl pay principal and interest by making a payment every month.
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`t wil make my monthly peymenia on Me=sT day of each month beginning on AvOUST 1, 2011.
`will make these payments every month unt I have paid all ofthe principal and interes! and any othercharges described
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`below that | may owe underthis Note. Esch monthly payment will be appiled as of its scheduled due date and wil be
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`
`
`
`
`4, ADJUSTABLE INTEREST RATE ANG MONTHLY PAYMENT CHANGES
`(A) Change Dates
`
`day of
`ist
`Thre intial fixed interest tate | will pay wil change 1 af adjustable interest rate on the
`
`
`suLr, 2016, 4atx=|monnSAG He adjustadie interest rate | wil pay may change on inal day every
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`thereafter, The date an which my initial Sxed interest ratechanges to an adjustabie interest sate, and each date on which
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`my adpetadle nterest rate could change. is called a “Change Date."
`
`1B) The index
`,
`Sonningwith treGratChangeDate.myadjvatableinterestaiawilbebasedon an index. The“index®is theweekly
`average yield on United States Treasuty securities adjusted {0 a constant maturity of one year, 6 made avalable
`by
`
`the Federai Reserve Board. The most recent index
`figure available ae of he daie 45 days
`before each Change Cate is
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`
`
`fl the Index ie no ionget avabable, the Note Holder will choose a new index that Is based upon comparable
`informaton. The Nole Holder wil give me natice of this choice.
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`{C Cateutation ofChanges
`
`fore eangh Change Date. the Note Holdor wil calculate my new lntercst rate by adding
`SWO AND THABE-FOURTHS
`percentage point(s) (
`2.7808
`=) to the Current ing,
`Tratiala:
`
`MULTIOTATE PIRROVADAISTABLE RATE MOTE-ONE-YEAR TREASUAY INDEX-Single Family.Fannie Mae Vattorm Instrument
`Form $681 1/81-MOOIIED FOR FLORIDA
`© 1000-4008 Onine Doawinenis, ine
`
`4
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`pay those amoutite in full on thal date, which is catied the “Maturity Date.“
`| wil make my monthly payments at
`28 WEST FLAGLER ATARET
`MIAMT, FL
`39190
`
`of al a difleront place I required by Ihe Note Holder,
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`(B) Amourn of My Initie) Monthly Payments
`This amount may change,
`Each of my intial monthly payments wil be in the amount of8.
`|
`(GC) Monthly Paymem Changes
`Changes in my monthly payment wil reflect enanges in the unpaid principal of my loan and in the interes!sate that
`I must pay. The Note Holder will datermine my new interest rate and the changed arnounl of my monthly payment in
`accordance with Section 4 of this Note.
`
`63,358.54.
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`Page
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`1
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`of
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`:
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`te
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`RYNYSE RR
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`

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`
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`Halderwilthenroundtheregullofthisadditiontothenearestone-eighthofaneporcentsgapoint(0.125%),=
`
`wn th
`
`ange
`wvine bmite stated in Section 4(0) below, this rounded amount wil be my new interest rate until the next
`e.
`The Note Holderwil then determine the amount oftha monthly payment that would be sufficlent to tepay ihe unpaid
`principal that lam expacted ta owe at the Change Date in fullcn the Maturity Datoat my now interest rate in substantially
`equal payments, The reeuit of this calculation wil bo Pre now emount of my monthly payment.
`(0) Limtte on Interest Aate Changes
`Theinterest rate | am required to pay et the first Change Date will not be greater than=8.506% oF less than
`2.760%.
`Thereafter, my adjustable interest ratewill never de increased cr decreased on any aingle Change Cate
`by more than
`two
`Parcentage pointis) (
`2.0008
`}itam the rate of
`interest | have been paying tor the preceding
`12°
`month(s). My Interaat rate will naver be greater than
`9.9004,
`
`(B) Effective Date of Changes
`My new interest cals will become effective on each Change Date.!will pay tha amount of my new monthly payment
`beginning on the first monthly paymentdate after the Change Cate until the amount of my monthly payment changes
`again.
`
`
`
` NENASA HY Om CD SA RARRNRED ti
`
`
`
`{(F) Notice of Changes
`‘The Note Molder wil deliver or mall to me a notice of any changes in my inillal fixed Interest rave to an adjustable
`interest rate and of any changes in my adjetable Interest rate balore Ihe elective date of any change. The nouce wil
`include the amount of my monthly payment, eny Information required by law ta be given to me and also the life and
`telephone number of a person who will answer any question I may have regarding the notice.
`6. BORROWER'S RIGHT TO PREPAY
`Ihave ine tight to make payments of Principal at any time belare they are due, A payment of Principal only is known
`asa “Prepaymeni.* When imake «Prepayment, | will tell the Nog Holder Inwrking that! am doing a0. | may nol designale
`a payment as 4 Prepayment #1 have not made ail the monthly payrnents due under this Note.
`}may makea full Prepaymentor partial Prepayments without paying any Prepayment charge, The Note Holder will
`use my Prepayments to reduce the amountof Principal that | owe under fils Note, However, the Note Holder may
`apply
`my Prepayment to the accrued and unpald interest on the Prepayment! amount before applying my Pepayrnant'fo
`teduce ihe Principal amount of this Note. If] make a partial Prepayment. there will be no changes in the due cates of
`my monthly payments uniess the Note Holder agrees in writing 10 those changes. My partial Prepayment may reduce
`the amount of my monthly payments after ihe (rst Change Cale follewing my partial Prepayment, Mowevet, any
`reduction duo to my pavial Prepayment may be offset by an interest rate increase.
`
`6. LOAN CHARGES
`tt alaw, which appiles to this oan and which sels maximurn loan charges, is finally Interpreted 40 that the inierest
`or other loan charges cofected oF to bs collected in connection with this loan exceed the permitted iimas, then:(a) any
`buch loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any
`sums steady callected from me that exceeded.permitied Imits will be refunded to me. The Note Hokler may
`to make this petund by reducing the Principal | owe under‘this Nolée or by making a direct paymentlo me. Ha refund
`reduces Principal, the reduction will be-treated ae & partial Prepayment
`7. SORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charges for Overdue Payments
`calondar
`as
`Hf the Note Holder has not received the full amount of any manthly payment by the end of
`$.00p8
`Gays afer bie date Rls due, | wil pay a late charge to the Note Hoklor, The amount of the oharge wil be
`of my overdue payment of principal and interest. | will pay this late charge promplly but only ence on esch late payment,
`
`(8) Default
`if do not pay the full amount of each monthly payment on the date it ls due, | wit be In defauit.
`
`(6) Notice of Default
`W1 am In defaur, the Note Holder may send me a written notice tefing me thal Ml do nol pay the overdue amiount
`Dy @ certaln date, he Note Holder may require me to pay immediately the full amount of Principal nat has not been paid
`and all the Interest that! owe on that amount. That date must be at least 30 days after the date on which the natica ss
`mailed to me or delivered by other means.
`
`0) No Walver By Note. Holder
`above, the Note Holder will et have the right to do sa if | am in default at a later time.
`(E) Payment of Note Holder's Costs and Expenses
`
`If the Note Holder has required meto pay immediately in full as described above, the Note Holder wil
`to be paid back oy me fot all of ts costs and expenses in enforcing thie Note to the extent net prohibited b
`law. Those expenses inchide, for example, reasonable atiomeys'fees,
`intedete
`A
`aces
`
`MULTISTATE FIZEGVADJUOTABLE AATE NOTE-ONE-YRAR TALAGUNY INDEN4ingle Fomiy-Fannis Mae Uniiorm Inewument
`Porm $6.22 1/01-MOOIPIRD FOR FLORIDA
`:
`@ 1900-2008 Onine Documenta, ne.
`P|
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`2
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`of
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`4
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`Pege
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`L,IaEoe SMPfnmi i, 8 STSLRRREUEEAENSeRRNEITSRtSAORETSDATISSaf<RSPSiruararttlecessesiONSOS SNOTET
`
` option shall not be exercised by Lender ¥ such exerowe ls prombited by Applicable Law.
`
`
`
`,
`
`7
`8. GIVING OF NOTICES
`Uniess applicable law requires « ditterent method, any notice that musibe given to me under thle Note will be given
`by dalvering R or by mailing it by first class mad to me at (he Property Address above or ai a different address if | give
`the Note Holder a notice of my diferent address.
`Uniess the Note Hokter requires a dMferent method, any notice thal mustho given to te Note Hokder under this Note
`will be given by malling I by {iret clase mall to the Note Holder atthe addrese stated In Section 5(A) above oF af a different
`address i! am given @ notice ef that different address,
`
`oan 6
`
`9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
`if more than one person signe tls Note, each person is fully and personally obligated lo keep all of ihe promises
`madein this Note, Including the promise to paythe full amount wad, Any personwhoip a quasantor, suroty or endorser
`Of thie Nate ts also obligated 19 do these things. Any person who lanes over nese cotgasons, incliding the obligations
`
`Hokler may enforce its rights under this Note against each person individually or againstafl of ve together, This means
`that any one of us may be required to pay all of the amounts owed under this Note.
`10, WAIVERS
`| and any other person who has obligations under this Note waive the eghis of Presentment and Notlee of
`Oishonor. “Presentmont* means the right io require the Hote Holder to demand payment of amounts due. ‘Notice of
`Dishonor means the right lo requite the Note Holderta give notice to other parsons that amounts due have not been
`paid.
`
`11, UNIFORM SECURED NOTE
`This Note ls a uniiorm instrument with imited variations in somejurisdictions. In addition te the protectons given
`$0 the Note Mokier under this Note, a Morigage, Ceed of Trust, of Security Deed (the “Secunty nsinument’), dated he
`same dete ne Pile Note, protects the Note Holder trom possible losses that might result 41 do not keep the promises
`Tat! make in the Note. Thal Becurity Inetument describes how end under what conditons | may be required to make
`immediate paymentin fud of all amounts | owe under this Note, Some of those conditions reed as follows:
`
`(A) Undi my intial fined intenest sate changes 10 an adhstable interestrale under the tet ma stated in Section 4 above,
`Unittorm Covenant 18 of the Security Instrument shall read as follows:
`Tran efee of the Property or a Benefelal interset In Borrower, As used in this Section 18, “Interest in the
`Property" means any logal or beneficial interest in Ihe Property, Inchding, but not fmited be, those beneficial
`interests lranalerred in a bond ter deed, contract for deed, inelaliment sales Contract of oaarow agreement, te
`intent of which ty the transfer of tile by Gorrower al & fulure date to a purchaser,
`fall of any part of the Property of any Interestin the Property le sold or transferred (or R Bosroweris not a
`
` i. ’
`Natural person end .e beneficial interest in Borrower be ackd ortranslerred} without Lender's priorwritten consent,
`
`It Lender exercises tus option, Lender shall give Borrower notice af acceleration. The notoe ahaprovide
`& period of not lees than 30 days from the dal the notice le given in accordance with Section 16 whhin which
`Borrower must pay af sums secured by this Security Inctrument.If Borrower faite 10 pay hese sums priortone
`expiration of thls period, Lender may invoke any remedies permitiod bythis Securtly nsirvment without further
`Natce of demand on Borrower,
`
`(8) When iy inival fixed interest rate changes to an adjustable interest rate under the terme stated in Section 4
`above, Uniform Sovenant (8 of the Security Instrumentdescribed in Section 11 (A) above ahall then conse to be in offect,
`and Undorm Covenant 18 of the Securty Insiyment shal instead read as fobows:
`Tronater of the Property of # Bonelielal Iniereal tn Borrower, As used in this Section 18, “interestin the
`Property* means any legal or beneficial Interest in the Property, Including, dul Nol lmied lo, those benelicial
`interesta Yensierrad In a bond for deed, contract lor deed, installment sales aontract or eacrow agreement, the
`intent of whieh Ipthe iranefer of tite by Borrower at 4 Ailure date to a purchaser,
`# all oF any part of tne Property or any
`interes! In ine Property le acid or tansterred (or If Borrower ts not &
`natural peteon and a beneficial interestin
`ta sold of transferred} without Lender's priorwettlen consont,
`Lender may require immediate payment in tui! of all sume seeured by this Security netrumant. However, this
`option ehal not be exercised by Lender # such exerclee ts prohibited by Applicable Law, Lender also shal not
`exercise this optian A: (a) Sorrower causes lo be eubrnitied toLender information sequired by Lander to evaluale
`the intended transferee ae It a new loan were being made to the transieree; and (b) Lender reasonably
`determines that Lender's security wil nel be impaired by the oan essumption and thalthe risk of a breach of
`any covenant of agreementin thie Security inatrument le acosptable to Lender.
`To the extent permitted by Apploabie Law, Lender may charge a reasonable (ee ac a condition to Lender's
`consent to the loan aseumption. Lender also may require Bie traneleres to 6390 an aseumplon agreement ihal
`& ROCCO EAN Se
`IG? Qroeraee 4 2
`os
`‘iY koe -
`LY
`pr ets}
`L.* DICSMents Mace if
`UF
`Note and in this Security Instrument, Borrower wit eontinue to be obligated under the Note and this Seourtly
`inswurnent unless Lender releases Borrowerin writing.
`It Lender exarclaes the option to require immediate payment fi ful, Lender shall give Borrower notice of
`acceleration, The notice shal provide 2 period of not less than 34 days from the cate the notice is given in
`
`accordance wih Section 16 within which Bonowe: mustpayaf sums secuted by Us Seeurtty ins! at
`Borrower talis to pay theseeure pricetothe expiration ofthieperiod. Lender may invoke anyrernedias
`by thie Seeurity Instrument without further notice of demand on Borrower,
`Inbtialar
`.
`MULTIOTATS FIXEOIADJUSTASLE RATE HOTE-ONE-YEAR TAEAQUAY [NDEX-Single Pamily-Pennle Mae Unterts instrument
`Form 9682 1/01-MOOIMED POR FLORIDA
`@ 1000-2080 Onine Oocumema, ine.
`Page
`3
`of
`4
`PY
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`@securing tris naccicne
`‘Theatate documentarytax due on Ihle Notehes been paidon the
`
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`WITNESS THE HAND(8) ANO SEAL(S) OF THE UNDEAGIGNED.
`
` Araande PF Henden
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`was ti
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`{8ign Original Onty}
`MULTIBTATE PLXEOVADUUSTASLE RATE MOTS-ONE-YEAN TREASURY INDEX-Bingie Fandty-Fanede ine Unterm insiwmnent
`Porm 9483 1:91-MOOIMED FOR FLORIDA
`© 1990.2008 OnlineOesumenia, ine.
`Page
`46
`of
`«4
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`Feeammeneeemmnentoatethantsorsramenenaaeteticentsomananmnenamnn theknae amenaenae’SeATENEO ak ne hete
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`
` CEFN 2011R04490
`OR Bk 27749 Pas 2444 - 24781(iteas)
`RECORDED 97/08/2011 12124104
`
`MTG DOC TAX 4200.00
`IOa’
`K OF COURT
`HIAMI-OADE COUNTY? FLORIOA
`
`(J
`ff)
`re
`LS
`i‘
`OR Bk 28075 Pas 4140 ~ 41529 (igpas)
`
`seanoaal dt
`NIANE~DADE COUNTY, FLORIDA
`
`we
`
`ntigi
`
`setne
`23 WAST FLAGLER OTRKET
`MIAMI, Ph
`33130
`
`This Instrument was prepared by:
`SAMES CAMPATELLA
`QI’Y RATIOMAL BANK
`‘
`25 WHAT FLAGUER
`MIAMI, FL 33130
`
`
`
`[SpaceAbove This Linefor Reserting Dem]
`
`MORTGAGE
`
`
`
`DERNITIONS
`17,
`Sectors 3,
`feied
`d othar words
`d bate
`ant are det
`doc
`this
`Wards used i Multiote dections of
`‘
`
`18, 20 and 21, Certain rules regarding the usage of words Used In this document are also provided In Section 16.
`
`(A) “Beourity Inatrument* means this document, which ia dated=»SUN 24, 2011, logether with all
`Aiders to this document,
`‘
`:
`‘Borrower Is
`(8) “
`
`
`
`Armando Mendez and Amaritys Mendez, Husband And Wife
`
`Borrowerle the mortgagor underthls Seourity Instrument.
`{C) "Lender® a CITY MATIOMAL BANK OF FLORIDA.
`
`Lender lea BANKING CORPORASTON,
`@ER VELTRD STATES OF AMERICA.
`QPRMET, MIAMI, WL 32130.
`
`organized and existing under the laws af
`Lender's addrese ia 28 WRET FLAOLAR
`
`Lander la the mortgagee uncerthis eaurity Inetrument.
`‘The Note
`(0)
`“Nate” meana the promissory note signed by Borrower and dated gummy 24, 2031.
`states that Hotrower owee Lender Steeseceesesecnesomy MILLION THO MUNDARD THOUSAND AND WO/100
`SRdOAShaRO dA Haeeadeoseseneretneneoeneoonseneconnnsasioeed Dollars (U8.
`$1,206,000,00
`)
`
`than dur 1, 2041,
`“Property” means the property that le desoribed below under the heading “Tranater ot Rights In the Property.”
`"Loan® means the debt evidenced bythe Note, plus interest, any prepayment charges and late charges due under
`tha Note, and ali sums due under this Security Instrument, plus Interest.
`
`PLORIDA=Bingia Parety-Fannio Mae/Preddie has UNIFORM INSTRUMENT
`Onis Dosument, ina.
`Pege
`13
`of
`
`8
`
`Farr 8510 ¢/0T
`
`Initiale
`
`*THIS MORTGAGE IS BEING RE-RECORDED TO INCLUDE THE
`LEGAL DESCRIPTION
`
`
`
`/3
`
`Book28075/Page4140
`
`CFN#20120270459
`
`Page 1 of 13
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`

`
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`loan is berry
`(0) “Aldere” means all Riders to this Geourfty inatrumentthat are executed by Borrower. The following
`afet 08
`executedbyBorrower [check bax as applloabie};
`(7) 8ecend Home Rider
`Adjustable Rate Rider
`Condominium Rider
`
`Balloon Rider CJ Planned Unt Development Alder©[--)Other(e) [apacity]
`i4Family Rider
`(—)Biweekly Payment Rider
`,
`Rider
`
`
`
`(+) “Applicable Lew" means all controling applicable federal, state and local stat.tes, reguistions, ordinances and
`adininistrative rues and otders (that have the effect cf law) os well aa afl applicable final, non-appeainbie judiolel opinions.
`Q)
`"Community Association Duss, Fees, and Assesemonts”means allduce, fees, aesesaments and other charges that
`WJ) "Electronic Funda Tranafer” meane any transfer offunds, other than a transaction originated by check,
`draft, or
`elmilerpaperinstrument, which |e inated through an electronicterminal, telephanio instrument, computer, of magnetio
`tape 90 ae to order, instruct,